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Request by the Engineering Services Division to vacate an existing Storm Sewer Easement within the parcel owned by Pilgrim Evangelical Lutheran Church at 6717 W. Center Street.
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Submitted by:
Mike Steiner, Assistant City Engineer
Department
Public Works (Engineering Division)
A. Issue
Request by the Engineering Services Division to vacate an existing Storm Sewer Easement within the parcel owned by Pilgrim Evangelical Lutheran Church at 6717 W. Center Street.
B. Background/Options
Pilgrim Evangelical Lutheran Church is in the process of selling the parcel at 6717 W. Center Street. It has been discovered during the real estate process that a City storm sewer easement from 1949 is still identified as an encumbrance on the property. The original 1949 easement is 10 feet wide and was located on the south 10 feet of Lots 4, 5, and 6 of the Ritter Highland View Extension subdivision. The easement document and location exhibit are included in the packet.
In 1975, the Church proposed construction of a building in the location of the storm sewer and easement. The City and Church agreed to move the storm sewer into the area of a vacated alley just south of Lots 4, 5, and 6; and execute a new easement agreement. The storm sewer located in the 1975 easement is still functioning and the easement is still in full effect. The easement document, easement exhibit, and meeting minutes from the Board of Public Works in 1975 are attached for reference. It appears from the meeting minutes that it was the intention of the City to vacate the 1949 easement when the new easement was created. The City has no record of vacating the easement and releasing all rights, title, and interest in the property on Lots 4, 5, and 6 of the Ritter Highland View Extension subdivision.
The City Attorney has drafted the attached vacation document.
C. Strategic Plan (Area of Focus)
Priority Area One: Economic Development and Financial Resilience
D. Fiscal Impact
No impact to the City of Wauwatosa.
E. Recommendation
Staff recommends approval of vacating the 1949 storm sewer easement within the parcel owned by Pilgrim Evangelical Lutheran Church at 6717 W. Center Street.
recommendation
Recommendation: Common Council